Class Certification Order

Draft Class Certification Orders in Minutes, Not Hours

12 minutes with CaseMark

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12 minutes with CaseMark

What you'll need

Motion for Class Certification
Opposition and Reply Briefs
Supporting Declarations and Expert Reports

SOC 2 Type II · HIPAA compliant · $5 free credit

Workflow

Overview

CaseMark's Class Certification Order skill drafts comprehensive federal or state court orders certifying class actions under Rule 23. The AI produces appellate-ready orders with complete Rule 23(a) findings, tailored Rule 23(b) analysis, precise class definitions, counsel appointments, and actionable notice provisions—all grounded in the evidentiary record and controlling legal authority.

Drafting a class certification order is one of the most demanding judicial tasks in complex litigation. Judges and their clerks must synthesize voluminous briefing, expert reports, and evidentiary submissions into a meticulously structured order that addresses every Rule 23 requirement with specific record citations—often under significant time pressure and with the knowledge that the order will face immediate appellate scrutiny.

CaseMark automates the heavy lifting of certification order drafting by analyzing the uploaded motion papers and evidentiary record, then generating a complete order with structured Rule 23(a) findings, tailored Rule 23(b) conclusions, class definitions, counsel appointments, and notice provisions. The result is an appellate-ready draft that can be reviewed, refined, and issued in a fraction of the time traditional drafting requires.

How it works

1. Upload the certification motion, briefing, and supporting evidentiary record
2. AI analyzes the record and drafts complete Rule 23(a) findings and Rule 23(b) conclusions with case citations
3. Review and customize the class definition, counsel appointment, and notice provisions
4. Export the finalized certification order in your preferred format (DOCX, PDF)

What you get

Caption & Procedural Recitals
Findings of Fact — Rule 23(a)
Conclusions of Law — Rule 23(a) & 23(b)
Class Definition & Class Period
Class Counsel Appointment Under Rule 23(g)
Notice Provisions & Administration Directives
Operative Order & Scheduling Provisions

What it handles

Complete Rule 23(a) findings with record citations for numerosity, commonality, typicality, and adequacy
Tailored Rule 23(b) analysis for (b)(1), (b)(2), or (b)(3) certification with controlling precedent
Precise class definition and subclass delineation with class period parameters
Rule 23(g) class counsel appointment with qualifications analysis
Notice provisions and class administration guidance ready for implementation
Appellate-ready legal conclusions citing Supreme Court and circuit authority

Required documents

Motion for Class Certification
The plaintiff's motion for class certification including all supporting memoranda of law
.pdf, .docx
Opposition and Reply Briefs
Defendant's opposition to certification and any reply briefs filed
.pdf, .docx
Supporting Declarations and Expert Reports
Declarations, expert reports, and exhibits submitted in support of or opposition to certification
.pdf, .docx

Supporting documents

Proposed Class Definition
Agreed or proposed class definition, subclass descriptions, and class period parameters
.pdf, .docx
Proposed Class Counsel Qualifications
Firm resumes, attorney qualifications, and Rule 23(g) submissions for proposed class counsel
.pdf, .docx
Prior Related Orders
Any prior orders on discovery, Daubert motions, or partial dispositive motions relevant to certification
.pdf, .docx

Why teams use it

Reduce hours of manual drafting to minutes while producing orders with rigorous legal analysis and proper record citations

Ensure appellate durability with structured findings addressing every Rule 23(a) factor and the applicable Rule 23(b) standard

Maintain consistency across certification orders with standardized formatting, citation practices, and analytical frameworks

Minimize the risk of remand or reversal by incorporating controlling Supreme Court and circuit precedent into every section

Questions

Does this handle all Rule 23(b) subcategories?

Yes. CaseMark drafts certification orders under Rule 23(b)(1), (b)(2), or (b)(3), tailoring the required showings and legal analysis to the specific subsection. The AI applies the correct standards, including predominance and superiority analysis for (b)(3) classes.

Will the order include proper case citations and legal authority?

Absolutely. CaseMark incorporates controlling Supreme Court precedent such as Wal-Mart v. Dukes and Comcast v. Behrend, along with relevant circuit authority. All legal conclusions are structured for appellate review with proper citation formatting.

Can I use this for both federal and state court certification orders?

Yes. CaseMark generates certification orders for both federal and state courts. You can customize the caption, procedural references, and applicable rules to match your jurisdiction's requirements and local rules.

How does CaseMark handle the class counsel appointment under Rule 23(g)?

CaseMark drafts a complete Rule 23(g) analysis evaluating proposed counsel's experience, resources, knowledge of the applicable law, and prior class action work. The appointment section is structured to satisfy the rule's mandatory factors.

Does the output include notice provisions and administration guidance?

Yes. CaseMark includes detailed notice provisions covering the form, method, and timing of class notice, along with administration directives for opt-out procedures, claims processes, and scheduling of subsequent proceedings.

Can I customize the class definition and subclass structure?

CaseMark drafts the class definition and any subclasses based on your uploaded materials, and you can fully edit and refine the definitions, class period dates, and exclusion criteria before finalizing the order.